Published Online:July 2025
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:IUPLR050725
DOI:10.71329/IUPLR/2025.13.60-70
Author Name:Agi K J
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:60-70
This paper examines the systemic neglect of mental healthcare in Indian prisons, with a focus on female inmates.Under the Bharatiya Nagarik Suraksha Samhita 2023, if a magistrate deems a defendant to be suffering from mental illness, a medical examination is to follow. The Prisons Act, on the other hand, requires jail staff to inform medical personnel when an inmate needs treatment. Unfortunately, these rules are seldom followed, resulting in mental patients in jail not getting appropriate care. The increasing number of women entering jails highlights the peculiar problems they confront, such as separation from their families and unaddressed health requirements, exacerbated by gender discrimination. Female prisoners, it is said by the United Nations, should be under the supervision of female officers and not male officers. Although prisoners’ rights have progressed in theory, the reality in most cases is different. Mental health inmates suffer abuse as a result of inadequate facilities, leaving courts with limited alternatives whenever wrongful detention comes about. This paper discusses how the judiciary protects the rights of prisoners with mental illness in India, examines the limitations of this protection, and suggests ways to address these challenges. It also calls for the use of artificial intelligence and continuous judicial oversight to improve mental health care in Indian prisons.
Mental health issues can affect anyone, regardless of age, gender, race, or socioeconomic status. The traditional belief that mentally-ill individuals need to be institutionalized for the safety of others has significantly changed in modern welfare states. A vast majority of modern nations view psychiatric admissions as a last resort—one that should only be considered after all other options have been explored.